AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO REPEAL THE EXCEPTION TO THE PROHIBITION OF SLAVERY AND INVOLUNTARY SERVITUDE.

2025 Regular Session Introduced by Fred Allen and 10 co-sponsors

Repeals Arkansas’ constitutional exception permitting slavery or involuntary servitude as punishment for crime, banning slavery and mandating compensation for prison labor.

Died in House Committee at Sine Die adjournment.

Summary — HJR 1002 (95th General Assembly, 2025)

Title: An Amendment to the Arkansas Constitution to Repeal the Exception to the Prohibition of Slavery and Involuntary Servitude
Classification: Joint Resolution (constitutional amendment)
Filed: November 20, 2024
Primary Sponsors: Rep. J. Richardson; Sen. R. Murdock
Cosponsors (selected): Reps. A. Collins, F. Allen, Barnett, Ennett, K. Ferguson, McGruder, T. Shephard, Springer; Sen. J. Scott
Status: Died in House Committee at Sine Die adjournment (May 5, 2025)

Main purpose / intent

HJR 1002 proposed to amend Article 2, § 27 of the Arkansas Constitution to remove the clause that permits slavery or involuntary servitude "as a punishment for crime." The sponsors framed the amendment as an effort to fully abolish slavery in the state constitution, align the constitution with moral values, and require compensation (money or “good time”) for prison labor to support re-entry.

Key provisions / textual change

Remove the constitutional exception allowing slavery or involuntary servitude as criminal punishment. Concretely, the amendment would delete the phrase “except as a punishment for crime” from Article 2, § 27 so the provision would read effectively: “There shall be no slavery in this State, nor involuntary servitude.”

Intent language included in the resolution states that incarcerated persons who work should receive compensation (monetary or “good time”).

Effective date specified in the resolution: January 1, 2027 — if adopted by voters.

Who would be affected

Incarcerated people: would be expressly guaranteed that slavery/involuntary servitude is prohibited by the state constitution; could affect force/compulsion and compensation for prison labor.

Arkansas Department of Corrections and local correctional agencies: would likely need to revise labor policies, contracts, and practices.

Private contractors/organizations currently using prison labor: could see operational and contractual impacts.

State courts and lawmakers: may face litigation or statutory updates to align state law and corrections policy with the amended constitutional standard.

Procedural and timeline notes

As a proposed constitutional amendment, the Joint Resolution would have required approval by a majority of Arkansas voters at the next general election for Representatives and Senators after legislative passage.

Legislative history: Read and amended in January 2025 (Amendments H1 and H2 adopted; engrossed). The measure was referred to the House Committee on State Agencies & Governmental Affairs but died in committee at the Sine Die adjournment on May 5, 2025; it therefore did not go to the ballot.

Additional considerations

The United States 13th Amendment contains a similar exception (“except as a punishment for crime”). A state constitutional repeal would set a stricter state standard than the federal text, but practical effects would hinge on subsequent statutory changes, implementation by corrections agencies, and potential litigation over definitions and scope.